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After return of documents am i allowed to work at all?

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chubby22
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Joined: Wed Oct 24, 2012 10:13 am

After return of documents am i allowed to work at all?

Post by chubby22 » Wed Oct 24, 2012 10:19 am

Hi all,

I am on an ancestry visa and my girlfriend is a depandent on my visa.

we applied on July for an extension and have not heard back from the UKBA after our initial letter.

we have now decided that we are going to return to live in NZ.

As such we think we will have to cancel our application.

Once cancelled is there any leeway that will allow for us to continue to work for a short period of time before leaving?

Conscious that we can continue to keep working until receive our docs back but once we get these is there any period of grace?

Lucapooka
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Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Oct 24, 2012 12:33 pm

While you have an existing application with the UKBA, you may continue to work. If you withdrew your application, and your leave has already expired, then you have no extant leave no right to work, and must leave the UK.

chubby22
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Posts: 13
Joined: Wed Oct 24, 2012 10:13 am

Post by chubby22 » Wed Oct 24, 2012 1:23 pm

Are you saying that I will be forced to leave as soon as my documents are returned?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Oct 24, 2012 1:32 pm

Forced to leave, no; it's your responsibility. Assuming your previous leave expired while with the UKBA, when you get your passport back, you will not have extant leave and should leave as soon as possible. You will not be banned from re-applying for a visa if you remain for less than 28 days from the time the passport is returned. That does not mean that you have 28 days of valid leave in which to continue working.
Last edited by Lucapooka on Wed Oct 24, 2012 1:37 pm, edited 1 time in total.

chubby22
Newly Registered
Posts: 13
Joined: Wed Oct 24, 2012 10:13 am

Post by chubby22 » Wed Oct 24, 2012 1:36 pm

Thanks for that. Yes we intend to leave pretty soon after. Is it my responsibilty to communicate the abscence of required visa to my employer? Or will the UKBA do that for me?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Oct 24, 2012 1:39 pm

You have a responsibility to inform your employer that you don't have valid leave that permits work, and your employer has a responsibility to check that your leave is valid and permits work. Often these matters are overlooked.

chubby22
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Posts: 13
Joined: Wed Oct 24, 2012 10:13 am

Post by chubby22 » Wed Oct 24, 2012 1:40 pm

cheers for that. I will let them know

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